APPENDIX 3

Identity Theft and the Deceased

Prevention and Victim Tips

The following steps are recommended by the Identity Theft Resource Center (ITRC) for all deaths, regardless of age. Specific requirements by the credit reporting agencies are listed below.

In Appendices 4 and 5, you’ll also find information about letter forms—ITRC Letter Form LF 117-1 (Request a Credit Report for the Deceased) and ITRC Letter Form LF 117-2 (Deceased Affidavit of Fact)—that can be sent to the credit reporting agencies, creditors, and merchants when the deceased is a victim of identity theft.

It is best to notify all entities by telephone, but remember that these calls must be followed up in writing. Mail all correspondence by certified mail with return receipt requested. Keep photocopies of all correspondence, including letters that you send.

• Obtain at least twelve copies of the official death certificate when it becomes available. In some cases you will be able to use a photocopy, but some businesses will request an original death certificate. Since many death records are public, a business may require more than just a death certificate as proof.
• If there is a surviving spouse or other joint account holders, make sure to immediately notify relevant credit card companies, banks, stock brokers, loan/lien holders, and mortgage companies of the death.
• The executor or surviving spouse will need to discuss all outstanding debts and how they will be dealt with. You will need to transfer the account to another person or close it. If you close the account, ask them to list it as: “Closed. Account holder is deceased.”
• Contact all credit rating agencies, credit issuers, collection agencies, and any other financial institutions that need to know of the death, using the required procedures for each one.

Include the following information in all letters:

• Name and SSN of deceased
• Last known address
• Last five years of addresses
• Date of birth
• Date of death

To speed up processing, include all requested documentation specific to that agency in the first letter.

• Request a copy of the decedent’s credit report (refer to ITRC Letter Form LF 117-1 in Appendix 4). A review of each report will let you know of any active credit accounts that still need to be closed, or any pending collection notices. Be sure to ask for all contact information on accounts currently open in the name of the deceased (credit granters, collection agencies, etc.) so that you can follow through with those entities.
• Request that the report is flagged with the following alert: “Deceased. Do not issue credit. If an application is made for credit, notify the following person(s) immediately: [list the next surviving relative, executor/trustee of the estate, and/or local law enforcement agency, noting the relationship].”

Other notifications may include the following:

• Social Security Administration
• Insurance companies—auto, health, life, and so on
• Veterans Administration—if the person was a former member of the military
• Immigration Services—if the decedent was not a U.S. citizen
• Department of Motor Vehicles—if the person had a driver’s license or state ID card. Also make sure that any vehicle registration papers are transferred to the new owners.
• Agencies that may be involved due to professional licenses—bar associations, medical or cosmetology licensing associations, and so on. Close any membership programs, including those for video stores, public libraries, fitness clubs, and so on.

Specific Instructions from the Credit Reporting Agencies (CRAs)

Equifax

Equifax Information Services LLC

Office of Consumer Affairs

PO Box 105139

Atlanta, GA 30348

To order a credit report:

Equifax requests that the spouse, attorney, or executor of the estate submit a written request to receive a copy of the deceased consumer’s file. The request should include the following: a copy of a notarized document stating that the requestor is authorized to handle the deceased consumer’s affairs (i.e., an order from a probate court or a letter of testamentary).

For requests or changes:

Equifax requests that a spouse, attorney, or executor of the estate submit a written request if they would like to place a deceased indicator on the deceased consumer’s file. The written request should include a copy of the consumer’s death certificate. The request should be sent to the address listed above.

Upon receipt of the death certificate, Equifax will attempt to locate a file for the deceased consumer and place a death notice on it. In addition, Equifax will place a seven-year block on the deceased consumer’s file. Once Equifax’s research is complete, they will send a response to the spouse, attorney, or executor of the estate.

Experian

Experian

PO Box 9701

Allen, TX 75013

To order a credit report:

A spouse can obtain a credit report by simply making the request through the regular channels—mail, phone, and Internet. The spouse is legally entitled to the report.

The executor of the estate can obtain a credit report but must write Experian with a specific request, a copy of the executor paperwork, and the death certificate.

For requests or changes:

A spouse or executor may change the file to show the person as deceased via written request. A copy of the death certificate—and, in the case of the executor, the executor’s paperwork—must be included with the request.

After any changes, Experian will send an updated credit report to the spouse or executor for confirmation that a deceased statement has been added to the credit report. This is important as executors and spouses can request other types of “changes” that Experian may not be able to honor.

If identity theft is a stated concern, Experian will add a security alert after the file has been changed to reflect that the person is deceased.

If there are additional concerns, Experian will add a general statement to the file at the direction of the spouse/executor. The spouse/executor must state specifically what they want the general statement to say, such as “Do not issue credit.”

TransUnion

TransUnion

PO Box 2000

Chester, PA 19022-2000

To order a credit report:

TransUnion requires proof of a power of attorney, executor of estate, conservatorship, or other legal document giving the requestor the legal right to obtain a copy of the decedent’s credit file.

If the requestor was married to the deceased and the address for which the credit file is being mailed to is contained on the decedent’s credit file, then TransUnion will mail a credit file to the surviving spouse.

If the deceased is a minor child of the requestor, TransUnion will mail a credit file to the parent upon receipt of a copy of the birth certificate or death certificate naming the parent as requestor.

For requests or changes:

TransUnion will accept a request to place a temporary deceased alert on the credit file of a deceased individual from any consumer who makes such a request and identifies themselves as having a right to do so.

The requestor’s phone number is added to the temporary, three-month alert. Upon receipt of a verifiable death certificate, TransUnion will entirely suppress the decedent’s credit file and note it as belonging to a deceased consumer.

TransUnion will not mail out a copy of its contents without the requirements mentioned above.

If you suspect fraud, TransUnion suggests that you call their fraud unit at 800-680-7289. They will place the temporary alert and advise the requestor of what needs to be sent to suppress the credit file and to disclose a copy of its contents. Requests can also be emailed to fvad@transunion.com.

Take the following steps if you (the surviving spouse or estate executor) suspect that someone is fraudulently using the information of a deceased person:

• Request a copy of the decedent’s credit report (refer to ITRC Letter Form LF 117-1, Appendix 4), then place a flag on the account stating “deceased alert” on the report, as outlined above.
• Notify the police in the decedent’s jurisdiction if you have evidence of fraud (collection notice, bills, or credit report). A report of a suspicion of identity theft is most effective when backed with concrete evidence.
• Notify any creditor, collection agency, credit issuer, or utility company that the person is deceased and give the date of death by using ITRC Letter Form LF 117-2 (Appendix 5). Be sure to include a copy of the death certificate. Request an immediate investigation and ask that they contact you with the results. Insist on letters of clearance, which you should keep with the other estate papers.